Ajay Singh @ Lal Singh @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13153 of 2018 Arising Out of PS.Case No. -68 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. AJAY SINGH @ LAL SINGH @ AJAY KUMAR, Son of Ramanand Singh, Resident of Mohalla- Gangjala, Ward No.18, P.S.- Saharsa, DistrictSaharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sour Bazar P.S.Case No.68 of 2017, registered for offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that loan of Rs.25,000/- was sanctioned by the Bank and when the Bank moved for realization of the same, a complaint was made in the Janta Darwar and later on a case was lodged. The petitioner is a broker in getting the loan sanctioned and he had taken away Rs.15,000/- out of Rs.25,000/- and the petitioner have not received the whole money.

Submission of the learned counsel for the petitioner is that the police after enquiry has also submitted a report as this case is

Patna High Court Cr.Misc. No.13153 of 2018 (2) dt.04-04-2018 2/2 against the petitioner and they has made false allegation after three years of the occurrence of loan sanction.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saur Bazar P.S.Case no.68 of 2017, subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T